Ask Me Help Desk - Car pulled out in front of me and I was drivng a motorcycle

STATEMENT

On 27 May 08, I Armygrunte6 was driving my motorcycle west bound on Highway #164 and as I approached County Road 1350 East, I noticed to my right a light bluish car moving rapidly to the above mention intersection. I then proceeded to slow down because I thought he was not going to stop. At this time I was preparing my mind for the possibility that he would not come to a complete stop. As the driver of that vehicle approached the intersection I could see him looking to the west and not paying attention to any traffic coming from the east. Mr. Miller then proceeded to pull out in front of me. Mr. Miller did not come to a complete stop with his vehicle…he did what most people call a “California Roll”. Mr. Miller’s actions caused me to have a reaction, which contributed to the accident. Mr. Miller’s vehicle was half way into my lane when I applied my brakes. Everyone is saying that it was my fault because of the speed. No one was at that intersection at the time of the accident except Mr. Miller and myself. I heard that Mr. Lewis witnessed the accident. Mr. Lewis and Mr. Miller were talking about the situation before the police arrived and I believe that this is a case of “buddy taken care of buddy” because they both knew each other.
Why would I hit my brakes if I clearly had the right of way? I hit my brakes because his vehicle was in my lane of traffic.

I had some injuries and bruises... lucky I missed his vehicle and slid about 80 feet across the pavement. Weather conditions: it had just rained about 45 to 60 minutes before the accident happened. Mr. Miller didn't even get a ticket because they said that the vehicles did not make contact. I can understand this in the case of two automobiles... but a motorcycle can move in odd directions once it is "laid down" on the pavement. I currently have about $13,000 dollars in medical bills. This was because that night at about 1:00 am in the morning I got up to go to the bathroom and I blacked out and taken to the hospital... 2 1/2 days for test.

Does anyone have any good information for me? YES, I know take God I'm alive.

It is clearly not your fault.

I'd turn it in to my insurance company and let them settle it. It would be a hard case to fight in court. There was no contact between the two vehicles, and it had rained recently, making the streets slick. Your argument is that he didn't make a complete stop, and pulled out in front of you. His argument is going to be that he did stop, he didn't see you, and you were going too fast for the conditions, or else you wouldn't have lost control of the bike. Best to let the insurance agencies argue this one out, imo.

Hello grunt:

If you had the right of way, he failed to yield it to you. Whether he stopped or didn't makes no difference. He can't enter the intersection until it's clear. It wasn't.

It IS what you carry insurance for. Let them take care of it.

excon

He is at least partially at fault if not fully. If you were speeding or going too fast for conditions it may be determined that you do have some responsibility in the accident also, but this is the courts duty or insurance companies to decide this.

So you turn it over to your insurance, ( hopefully you have full coverage) they pay for your motorcycle damage, and will pay up the max med pay you have. ( hope you don't carry min coverage)

But if you don't have full coverage, you hire an attorney and sue the other party.
For example they may decide the other person is 3/4 responsible, so he pays 3/4 of the claim But he will hold at least partial responsibility.

Playing devil's advocate here: Yes, the car should have yielded the right of way to oncoming traffic. But how many of us have looked at oncoming traffic and said "it's far enough away that I will be through this intersection before it's anywhere close?" The difficulty I can see with this case is that the accident happened because the biker reacted to the car entering the intersection. To take this to a ridiculous extreme, it's possible that he reacted half a mile before the intersection, in which case it's obviously not the car's fault. So one of the questions that would have to be answered is whether the reaction was appropriate and necessary.

Obviously, I wasn't there, and it's entirely possible that this is all the car's fault. Just pointing out some potential problems that I can see.

I agree with Excon
You were in the right of way and you need to stress that if he had not been in the intersection then you would not have needed to stop. That you had the right of way and he had no business pulling into the intersection until you were past. Him not seeing you is NO excuse.

Quote:

Originally Posted by armygrunte6

STATEMENT

On 27 May 08, I Armygrunte6 was driving my motorcycle west bound on Highway #164 and as I approached County Road 1350 East, I noticed to my right a light bluish car moving rapidly to the above mention intersection. I then proceeded to slow down because I thought he was not going to stop. At this time I was preparing my mind for the possibility that he would not come to a complete stop. As the driver of that vehicle approached the intersection I could see him looking to the west and not paying attention to any traffic coming from the east. Mr. Miller then proceeded to pull out in front of me. Mr. Miller did not come to a complete stop with his vehicle…he did what most people call a “California Roll”. Mr. Miller’s actions caused me to have a reaction, which contributed to the accident. Mr. Miller’s vehicle was half way into my lane when I applied my brakes. Everyone is saying that it was my fault because of the speed. No one was at that intersection at the time of the accident except Mr. Miller and myself. I heard that Mr. Lewis witnessed the accident. Mr. Lewis and Mr. Miller were talking about the situation before the police arrived and I believe that this is a case of “buddy taken care of buddy” because they both knew each other.
Why would I hit my brakes if I clearly had the right of way? I hit my brakes because his vehicle was in my lane of traffic.

I had some injuries and bruises...lucky I missed his vehicle and slid about 80 feet across the pavement. Weather conditions: it had just rained about 45 to 60 minutes before the accident happened. Mr. Miller didn't even get a ticket because they said that the vehicles did not make contact. I can understand this in the case of two automobiles...but a motorcycle can move in odd directions once it is "laid down" on the pavement. I currently have about $13,000 dollars in medical bills. This was because that night at about 1:00 am in the morning I got up to go to the bathroom and I blacked out and taken to the hospital...2 1/2 days for test.

Does anyone have any good information for me? YES, I know take God I'm alive.

I have no idea where Highway #164 and County Road 1350 East are.

I would investigate several aspects of this accident. Lots of factors involved.

Concerning the witness - where was he when he witnessed the accident? What exactly did he say to the Police? If he is not quoted on the Police Report then he has to be interviewed. Whether he knows the other party or not, where he was and what he says are crucial.

Concerning the potential Defendant - does he admit he had entered the intersection and was in your lane of traffic, particularly half way into your lane? How long before the accident did he see you?

Concerning you - were you driving too fast for conditions? Not over the speed limit but too fast for a motorcycle when it had rained and (presumably) the streets were wet. Did you overreact? You say you saw the car approaching and began to prepare yourself for the possibility that he would not stop.

Concerning the Police - they are after the fact "witnesses" to the accident. They saw nothing and make their report based on who is the most believable (or has the most witnesses) at the scene as well as their on-site investigation. I've seen great reports and terrible reports - reports that hold up, reports that are set aside. I see Police Reports totally from one side because the other side has been carted off to the hospital and no one goes to conduct an interview so the driver at the scene rules.

Otherwise it depends on your State, if it's a no fault State, if motorcycles are covered.

Was the witness even there too?
I have known insurance companies to make up fake witnesses that the person they were representing knows.

Quote:

Originally Posted by N0help4u

Was the witness even there too?
I have known insurance companies to make up fake witnesses that the person they were representing knows.

The witness and other driver were yucking it up at the accident scene.

Believe it or not I see witnesses who suddenly appear all the time and several of them have actually been non-witnesses, paid by the Plaintiff. Good way to get yourself arrested right after you sign the statement.